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Brown-forman Distillers Corp. V. New York State Liquor Authority (1985)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 12th, 1985
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 2

From: Thurgood Marshall
To: Conference
Copied: None
On: April 3rd, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: April 3rd, 1986
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 4

From: Sanda Day O'Connor
To: Thurgood Marshall
Copied: Conference
On: April 3rd, 1986
Action: Will Write Separately If...
Justice states conditions for writing a separate opinion; memo may also state conditions for withdrawing a separate opinion

Document 5

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: April 7th, 1986
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 6

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: April 7th, 1986
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: Will Write Separately If...
Justice states conditions for writing a separate opinion; memo may also state conditions for withdrawing a separate opinion

Document 7

From: Thurgood Marshall
To: Conference
Copied: None
On: April 8th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Sanda Day O'Connor
To: Conference
Copied: None
On: April 11th, 1986
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 9

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: Conference
On: April 17th, 1986
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 10

From: Sanda Day O'Connor
To: Conference
Copied: None
On: April 18th, 1986
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 11

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: April 29th, 1986
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 12

From: Thurgood Marshall
To: Conference
Copied: None
On: April 30th, 1986
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 13

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: April 30th, 1986
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 14

From: Sanda Day O'Connor
To: Conference
Copied: None
On: April 30th, 1986
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: Withdraw Other "Separate Opinion"
Withdraw Other "Separate Opinion"

Document 15

From: Thurgood Marshall
To: Conference
Copied: None
On: April 30th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: May 1st, 1986
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 17

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 1st, 1986
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 5th, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 19

From: John Paul Stevens
To: Conference
Copied: None
On: May 21st, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: May 22nd, 1986
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 21

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: May 22nd, 1986
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: May 27th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Thurgood Marshall
To: Conference
Copied: None
On: May 27th, 1986
Action: Majority Opinion
This refers to a majority opinion draft